201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Resisting police and/or resisting arrest is a serious criminal charge that carries a maximum sentence of 12 months imprisonment.
It is unfortunately not uncommon for us to see people charged with this offence, when interactions with the police go awry.
Some things can obviously amount to resisting arrest – like attempting to run away from police who are trying to arrest you – but other, less significant actions can constitute resisting the police too, such as struggling whilst police are trying to hand cuff you, or simply tensing your arms to make it difficult for the police to cuff you.
So what should you do if you think the police should not be arresting you?
Firstly – don’t resist. Be polite and follow the police officer’s directions – even if you think they are in the wrong. There is no point escalating the situation.
Secondly, remember you have a right to silence. You should give the police your name and ID but politely decline to answer any other questions.
Thirdly – call your lawyer. If the police have done something wrong – your lawyer is the one who is going to be able to help walk you through what to do, and when.
Armstrong Legal are ready to assist you in these matters, please call on 1300 168 676.
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Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100